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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a small and medium enterprise that runs the business of manufacturing asphalt concrete (hereinafter “ice concrete”) and recycled asphalt concrete (hereinafter “relic concrete”), and was verified directly by the Korea Federation of Small and Medium Business for asphalt and renewable asphalt.
B. The Gyeonggibuk-do Cooperative (hereinafter referred to as the “instant cooperative”) is a cooperative that manufactures and sells asphalts in the area north of the Han River, including Mayang, Pyeong, and Yangyang-ju, and is a member of the cooperative, and the Plaintiff, Samyang-mixed Co., Ltd. (hereinafter referred to as the “Mayang-mixed”) is a member of the cooperative.
C. On June 2016, Seoul Regional Government Procurement Service published a public notice of bid for purchase of the annual unit price contract for renewable containers (goods) around 2016.
The instant association participated in the franchise supply bid conducted by the Seoul Local Government Procurement Service, and entered into a license agreement with the Seoul Local Government Procurement Service during the contract period from July 1, 2016 to May 31, 2017, setting the term of the contract with the Seoul Local Government Procurement Service as follows:
(hereinafter referred to as the “instant contract” and “instant contract”, and the “instant contract” are collectively referred to as the “instant contract”). Class 6 of Class 5 of Class Classification 5: In the case of Goyang-si, Pakistan-si, Jongno-si, Gangseo-gu, Gangnam-gu, Dobong-gu, Seongbuk-gu, Seongbuk-gu, Nowon-gu, Dongdaemun-gu, Dongdaemun-gu, and Jungdong-gu, Seoul: Dongcheon-gu, Dongcheon-gu, Dongyang-si, Seocheon-si, Seocheon-si, Seocheon-si, Seoyang-si, Seoyang-gu, and part of the Namyang-gu, 230,000 tons of contract amount of 9,675,370,000 tons of contract amount of 9,670,000 tons of contract amount of 8,411,610,000 won of Guri-si, respectively.
D. At the time of tendering each of the instant contracts, the instant association set and submitted a bid ratio among the members of the association that supplied asphalts, and each of the instant contracts was concluded in accordance with the bid ratio. In the case of the instant contract, Plaintiff 8.70% and Samyang-con 8.70%.